Health Committee - Adult Support and Protection (Scotland) Bill

Alzheimer Scotland's submission to the Health Committee submitted 18 August 2006

Alzheimer Scotland is the leading specialist dementia charity in Scotland and works to improve the lives of everyone affected by dementia. Our members include carers, relatives, people with dementia, professionals, groups and organisations. We run services in over sixty sites, and provide the freephone 24 hour Dementia Helpline, publications and an extensive website. We aim to be the national and local voice of and for people with dementia and their carers in Scotland and work to improve public policies for their benefit.
There are currently 64,000 people with dementia in Scotland, almost 2000 of whom are under the age of 65. The number of people with dementia is predicted to rise in line with the ageing population.
Alzheimer Scotland welcomes the opportunity to comment on the Adult Support and Protection (Scotland) Bill. Our comments primarily relate to dementia, as this is our area of expertise.

Do you support the general principles of the Bill and the key provisions it sets out?

Alzheimer Scotland is in support of the general principles of the Bill, which are admirable, and the key provisions it sets out.

We have a specific concern with section 32(3), regarding the consent of an adult at risk to protection orders and visits: “despite subsections (1) and (2), a refusal to consent may be ignored if the sheriff or person reasonably believes that the affected adult at risk has been unduly pressurised to refuse consent”. We believe that it should only be a sheriff who has the authority to ignore a refusal to consent, unless in an emergency situation. We feel that this will ensure that the decision is taken with due process.

Are there any omissions from the Bill that you would like to see added?

In section 50(1)(e) of the Bill, abuse is defined as being “any other conduct which causes fear, alarm or distress or which dishonestly appropriates property”. Conduct is then defined as including “neglect and other failures to act”. We would like neglect to be given a greater prominence by including it as a separate item in the main definition of abuse. In addition we would like self-neglect to be included alongside self-abuse in section 50(1)(d).

Have you any comment on the practical implications of putting these provisions in place and the consideration of alternative approaches?

No comment.

Are the definitions of an “adult at risk of abuse” and “abuse” itself in the Bill sufficient?

In general we agree with the definition of an adult at risk of abuse.

Referring to section 3(1), “infirmity” is an old fashioned term. In addition we are not in favour of the use of the term “ageing”. However, if it is required for legal reasons then it may be reasonable. We support the definition being open to change in the future if it is not effective in its current form.

What views do you have on the role, structures and powers of the proposed Adult Protection Committees?

Alzheimer Scotland welcomes the Adult Protection Committees and recognises that there is enough scope to modify them in the future (e.g. 39(1)(d)). A minor point is that “Health Board” (39(3)(c)) is old terminology that should be replaced with “NHS Board”.